[Adopted 6-24-1991 by L.L. No. 3-1991 (Art. 72 of the 1989
Code)]
The intent of this article is to protect and promote the health, safety and welfare of the people of the Town of Busti by regulating the storage, collection, recycling and disposal of solid waste and shall be entitled "Solid Waste Management Local Law for the Town of Busti." It shall constitute Chapter
352, Article
I, of the Town Code of the Town of Busti.
As used in this article, the following terms shall have the
following meanings:
COLLECTOR
Any person who picks up solid waste and transports that solid
waste for hire to a solid waste disposal facility, recycling center
or transfer station for recycling or disposal; any person who picks
up solid waste and transports that solid waste from more than three
households to a solid waste disposal facility, recycling center or
transfer station for recycling or disposal; or any commercial, institutional
or industrial generator who picks up solid waste and transports that
solid waste to a solid waste disposal facility, recycling center or
transfer station for recycling or disposal.
COMMERCIAL WASTE
Solid waste generated by stores, offices, institutions, restaurants,
warehouses and nonmanufacturing activities at industrial facilities.
CONSTRUCTION AND DEMOLITION DEBRIS
Uncontaminated waste resulting from construction, remodeling,
repair and demolition of structures, road building, and land clearing;
such wastes include, but are not limited to, bricks, concrete and
other masonry materials, soil, rock, lumber, road spoils, paving material,
and tree and brush stumps.
DISPOSAL
The act of transferring possession of discarded materials
for the ultimate purpose of recycling, land burial or extraction of
energy through incineration.
FARM HAZARDOUS WASTES
All containers containing pesticides and/or pesticide residue
which can no longer be utilized for farm purposes.
HAZARDOUS OR TOXIC WASTE
Waste defined in § 27-0903 of the New York Environmental
Conservation Law, as amended, and the regulations thereunder, and
in § 1004 of the Federal Resource Conservation and Recovery
Act of 1976, as amended, 62 U.S.C. § 6903, and the regulations
thereunder.
HOUSEHOLD HAZARDOUS WASTE
Household waste which, but for its point of generation, would
be a hazardous waste under 42 U.S.C. § 6903 or 6 NYCRR Part
371, including pesticides as defined in Article 33 of the Environmental
Conservation Law.
HOUSEHOLD WASTE
Solid waste discarded from single or multiple dwellings,
hotels, motels, campsites, public and private recreation areas, ranger
stations, and other residential sources.
INDUSTRIAL WASTE
Solid waste generated by manufacturing or industrial processes.
LARGE HOUSEHOLD FURNISHINGS
All large or bulky articles, excluding major appliances,
actually used in the home and which equip it for living, such as chairs,
sofas, tables, beds, sinks and bathtubs.
MAJOR APPLIANCES
Large and/or bulky household mechanisms, such as refrigerators,
washers, dryers, stoves, ordinarily operated by natural gas or electric
current.
PERSON
Any individual, institution, group of individuals, partnership,
firm, corporation, association, state, county, city, town, village
or improvement district.
RECYCLABLE MATERIALS
Any material designated, from time to time, by the Town Board
or Town Highway Superintendent which is separated from the waste stream
and held for its material recycling or reuse value.
RECYCLERS
Those who deal with recyclable material, such as collectors,
separators and marketers, including not-for-profit corporations and
charitable corporations which collect recyclables for fund-raising
purposes.
RECYCLING CENTER
A facility where material previously separated from the waste
stream is stored for its material recycling or reuse value or where
such material is processed for reuse.
RESIDENTS
Persons who reside in and maintain their domicile in the
Town of Busti (including the Village of Lakewood).
SOURCE SEPARATION
The segregation of recyclable material from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
TRANSFER STATIONS
Those facilities where persons and collectors, as defined
herein, transfer possession of solid waste to the owner of the transfer
stations for disposal or recycling.
UNSATISFACTORY SOLID WASTE DISPOSAL FACILITY
A solid waste disposal facility which does not conform with
the rules and regulations set forth in Part 19 of the New York State
Sanitary Code, Title 6 of the Official Compilation of the Codes, Rules
and Regulations of the State of New York, or the applicable provisions
of this article.
YARD WASTE
Grass clippings, leaves, cuttings from shrubs, hedges and
trees, but excluding tree and brush stumps; yard waste does not include
household waste or recyclable material, as defined herein.
The Town Board has the power to:
A. Formulate, adopt, promulgate, amend and repeal rules and regulations
in furtherance of this article for controlling the storage, collection,
recycling and disposal of solid waste in the Town of Busti.
B. Control the storage, collection, recycling and disposal of solid
waste in accordance with the provisions of this article and of the
rules and regulations promulgated pursuant hereto.
C. Hold hearings, subpoena and compel the attendance of witnesses and
the production for examination of any book, paper or item relating
to the matter under investigation.
D. Make findings of fact and determinations.
E. Make, modify or cancel orders affecting the control of the storage,
collection, recycling or disposal of solid waste.
F. Request the Town to institute civil actions, proceedings or hearings
to compel compliance with the orders of the Town Board and with the
provisions of this article and the rules and regulations promulgated
pursuant hereto.
G. Prepare and issue criminal information or otherwise institute criminal
proceedings against persons found to be in violation of this article.
H. Fix fees for licenses and renewals thereof.
I. Delegate the issuance of licenses and renewals thereof to the Town
Clerk.
J. Cancel, suspend or revoke licenses after a hearing.
K. Take such other action as it may deem necessary, proper or desirable
to enforce the provisions of this article or any of the rules and
regulations promulgated pursuant hereto.
All hearings held pursuant hereto shall be upon not less than
10 days' notice to the person involved and shall be held at a time
and location specified by the Town Board.
It shall be unlawful for any person to dump, throw, deposit,
place or cause to be dumped, thrown, deposited or placed or allow
to be thrown, dumped, deposited or placed in any location within the
Town of Busti any solid waste or any noxious material, except at those
solid waste disposal facilities, transfer stations, or recycling centers
established, licensed or contracted with by the Town Board.
Large household furnishings and major appliances may be brought
to a transfer station by any person for disposal or recycling by the
Town upon such terms and conditions as are established by the Highway
Superintendent.
Vehicle tires may be disposed of at a transfer station by any
person or collector, upon such terms and conditions as are established
by the Highway Superintendent.
Each person who disposes of solid waste at a transfer station
shall display a decal on the right windshield or passenger's
window or rear window of the vehicle used to transfer solid waste,
which decal shall be purchased from the Town for a sum to be set by
the Town Board. Decals shall be issued annually by the Town Clerk
for the period commencing July 1.
A license which has been revoked or suspended shall be surrendered
forthwith to the Town Board.
[Adopted 5-7-2001 by L.L. No. 3-2001 (Art. 30 of the 1989
Code)]
The Town Board of the Town of Busti does hereby adopt and enact
this article, which shall be known as the "Local Law to Provide for
the Control of Garbage and Refuse in the Town of Busti."
As used in this article, the following terms shall have the
meanings indicated:
ASHES
The residue from any combustion process, whether generated
from manufacturing, residential or any other source.
GARBAGE
Includes offal, kitchen waste, meat, poultry, fish or vegetable
waste, and paper, cardboard, plastic, glass, metal or containers or
materials for wrapping foods and food products.
PERSON
An individual, society, group, firm, partnership, corporation
or association of persons, and all other entities of any kind capable
of being sued.
REFUSE
All other objects made of paper, cardboard, wood, plastic,
metal and glass, rags, ashes, lumber, brick, stone, cement and other
construction debris, leaves, grass clippings and shrub and tree parts
and trimmings. Refuse shall not include earth and wastes from building
operations, nor shall it include solid waste resulting from industrial
process and manufacturing operations such as food processing waste,
boiling house cinders, lumber scraps and shavings.
TOWN
That part of the Town of Busti outside the Village of Lakewood.
It shall be unlawful for any person to allow or cause to exist
any unsanitary or filthy condition in, on or about any premises owned,
used or occupied by said person within the Town. The owner, lessee,
tenant or other person having management or control of or occupying
any lot, premises, dwelling or other building in the Town shall keep
same at all times free and clear of any accumulation of ashes, garbage,
refuse or discarded matter of any type, except as permitted in this
article.
It shall be unlawful for any person to throw, dump, deposit
or place, or cause to be thrown, dumped, deposited or placed, or to
permit any servant or employee to throw, dump, deposit or place, in
or upon any street, highway, alley, sidewalk, park, public building,
and in any running water, canal or other body of water within the
Town, any ashes, garbage or refuse, including but not limited to dead
carcasses, sewage, slops, excrement, compost, stable manure, ashes,
soot, tin cans, tires, rags, wastepaper barrels, crates, boxes, litter
or loose combustible material, including waste petroleum products,
materials subject to be carried by the wind, and unwholesome or putrescible
matter of any kind.
It shall be unlawful for any person, either as owner, agent,
lessee, tenant or otherwise, to throw, dump, deposit or place, or
cause to be thrown, dumped, deposited or placed, or to permit any
servant or employee to throw, dump, deposit or allow any ashes, refuse,
garbage, manure, offal or other decomposable organic or putrescible
matter in or upon any vacant lot or land or vacant place upon the
surface of any lot or land, enclosed or otherwise, except at such
place or places designated or approved by the Town Board, provided
that garbage, manure, offal or other putrescible matter may be kept
temporarily in suitable cans, vessels, tanks or containers which are
watertight and provided with tightly fitting covers.
It shall be unlawful for any person to throw, dump, deposit
or place or cause to be thrown, dumped, deposited or placed in the
Vukote Canal any ashes, garbage, refuse, tires, logs, stumps, brush
or any other thing or any other substance which would have the effect
of impairing the use of the canal as a safe or clean navigable body
of water or which would make the canal and its banks less sanitary
or safe.
Nothing herein shall be construed as to prohibit:
A. The lawful use of any public solid waste disposal facility.
B. The placement of refuse and garbage by residents of the Town of Busti
in suitable containers at the edge of the pavement, street or road
on the days scheduled for rubbish removal collection. However, should
such container be damaged or torn by any means or cause, except loading,
the litter resulting therefrom shall be the responsibility of the
resident and shall constitute a violation of this article unless it
shall be promptly cleaned up by such resident.
C. The use in a reasonable manner of ashes, sand or other material for
the purpose of reducing the hazard of or providing traction on, snow,
ice or sleet.
D. The depositing of manure, compost or fertilizers by a landowner upon
his, her or its own land, if the land is under cultivation or part
of a garden or mowed lawn area.
E. The use of matter capable of decay for composting within the bounds
of a single-family residence or farm, so long as the composting is
done in a nuisance-free manner which does not impair the public health,
safety or general welfare.
F. The allowing of leaves and branches to remain where they fall, or
the collecting and piling of same by owners or tenants on their own
premises, so long as such collections or piles do not constitute a
menace to others.
G. The disposal on areas within the bounds of a farm or licensed meat
packing firm of animal carcasses or parts thereof generated by that
farm or meat packer, so long as the same shall be disposed of in accordance
with the applicable provisions of the New York State Agriculture and
Markets Law.
H. The operation of a junkyard duly licensed and approved pursuant to Chapter
270, Junk and Junkyards, of the Town of Busti, provided that such junkyard shall remain subject to the regulations for garbage and refuse contained in said Chapter
270.